Will my Workers’ Compensation Check be the same every week?
The answer to this question depends on if you are receiving temporary total disability (TTD) checks or temporary partial disability (TPD) checks. If you are receiving TTD checks, then your authorized treating physician has either placed you on total work restrictions (“no work” status) or placed you on light/modified/restricted duty status and your employer does not have a job available for you that is within your light/modified/restricted duty. Your TTD benefits will be the same every week.
If you are working a light duty job offered to you by your employer and the job duties are within your light/modified/restricted duty status, then you are receiving TPD benefits. You receive TPD benefits if your weekly gross income while working light duty is less than your average weekly wage (AWW). Your AWW is the total of your gross income for the 13 weeks prior to your date of accident. If your AWW is $600.00 but you only earned $300.00 while working light duty for one week (and you earned less because the employer reduced your hours or your pay because of your light duty work status), then you are owed TPD benefits. Your TPD benefits for the week in which you earned $300.00 would be $200.00. TPD pays you 2/3 of the difference between your AWW and your light duty wages. You earned $300.00 less while working light duty and 2/3 of $300.00 is $200.00.
If you believe you are owed TPD benefits or have a question regarding your weekly checks, please contact us to discuss your case.